On May 8, 2013, the U.S. Small Business Administration (“SBA”) issued Memorandum #2013-1 regarding annual recertification of the Institutional Investors of Small Business Investment Companies (“SBICs”). The Investment Division of the SBA requires certain SBICs to recertify the status of all limited partners classified as Institutional Investors on an annual basis. Recertifications will be required each year from SBICs with outstanding SBA leverage, outstanding SBA leverage commitments or both.
Because the unfunded portion of an Institutional Investor’s commitment to an SBIC is included when calculating Regulatory Capital, the SBA has determined that it is essential to take steps on a regular basis to ensure all Institutional Investors remain qualified for that designation. If limited partners are no longer qualified, the SBIC’s Regulatory Capital must be adjusted accordingly and a new Capital Certificate must be filed with the SBA.
An SBIC’s level of Regulatory Capital has a direct bearing on its operations including its capital impairment ratio, over-line limitation, management fee calculation, leverage commitment eligibility, etc. Misstatements of Regulatory Capital can be a violation of Federal law and may subject violators to criminal prosecution and civil penalties.
SBICs may accomplish the annual recertification of the status of their investors by submitting to their SBA Operations Analyst either:
OPTION 1: a fully executed Capital Certificate which reflects any revisions in its Institutional Investors and/or Regulatory Capital, or
OPTION 2: a letter certifying that a review of unfunded commitments of Institutional Investors has occurred and that no changes are required in the Capital Certificate most recently filed by the SBIC with the SBA.
SBICs licensed between October 1, 2012 and September 30, 2013, do not need to recertify until 2014.
Based on the level of Regulatory Capital reflected on the last Capital Certificate submitted to the SBA by an SBIC, the SBIC must recertify according to the following schedule:
Click here to see schedule.